On 13 June 2014, Barossa Farm Produce Pty Ltd (Barossa) provided the ACCC with a section 87B undertaking following its acknowledgement that representations on its product labelling, websites, social media and at cooking classes were false or misleading, in breach of section 18 and 29(1)(a) of the ACL.
Between December 2010 and May 2013, Barossa made various representations that the pork used in its ‘The Black-Pig’ smallgoods was from heritage Berkshire pigs and/or free range pigs. This was in fact not the case.
To address the ACCC’s concerns, Barossa has provided the ACCC with a court enforceable undertaking that it will not make any representations:
- about the breed of pigs used in “The Black-Pig” labelled small goods, where it does not know the type of pigs used in the product; and
- that it knows the origin of all animals used in “The Black-Pig” labelled small goods where it does not know the origins.